BHAN v. NME HOSPITALS, INC.

No. 84-2256.

772 F.2d 1467 (1985)

Vinod C. BHAN, C.R.N.A., Plaintiff-Appellant, v. NME HOSPITALS, INC., a Delaware corporation, dba Manteca Hospital, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 2, 1985.


Attorney(s) appearing for the Case

Timothy E. Morgan, San Francisco, Cal., H.E. Christian Peeples, Oakland, Cal., for plaintiff-appellant.

John K. Van de Kamp, Atty. Gen., Andrea Sheridan Ordin, Asst. Atty. Gen., Sanford R. Gruskin, Owen Lee Kwong, Dist. Attys. Gen., Michael R. Granen, Los Angeles, Cal., for amicus State of Cal.

Jeffrey Klurfeld, Asst. Reg. Dir., Erika Wodinsky, Gerald E. Wright, June S. Katz, Attys., F.T.C., San Francisco, Cal., for amicus F.T.C.

Roger M. Schrimp, Stockton & Schrimp, Modesto, Cal., William P. Torngren, Bolling, Walter & Gawthrop, Sacramento, Cal., Michael C. Normoyle and Teresa Vig Rein, Damrell, Damrell & Nelson, Modesto, Cal., for defendants-appellees.

Before MERRILL and GOODWIN, Circuit Judges, and WILLIAMS, Senior District Judge.


MERRILL, Circuit Judge:

Vinod C. Bhan, a nurse anesthetist, appeals from the dismissal of his antitrust suit under Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief can be granted. Bhan argues that the district court erred in concluding that he lacked standing to sue under the antitrust laws. He disputes the ruling upon which the district court based its decision, that, as a matter of law accepting the allegations of Bhan's complaint as true, nurse...

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